Slip and Fall Injuries
San Diego Slip and Fall Lawyer – San Diego Premises Liability Attorneys
Slip and falls are the second leading cause of injuries in the United States. They account for an estimated 16,000 deaths and thousands of serious injuries every year. Slip and fall injuries range from simple strains or sprains to fracture, serious head injuries or death. An injury or death from a fall that is caused by a hazardous condition on another person’s property may entitle the victim or the victim’s family to compensation.
A slip and fall accident may occur almost anywhere. Most commonly we see injuries arising from slip and falls in places such as a supermarket or other business settings where water, dirt or debris is allowed to accumulate creating or contributing to a slippery condition. These dangerous conditions often combine with poor design, poor lighting and improper maintenance which can implicate not only the property owner but any party who contributes to the dangerous condition by negligence of their own.
The law relating to a property owner’s liability can be difficult to understand and complex. Typically speaking, the owner of a property where a slip and fall accident occurs is not “strictly” liable for the injuries that may arise from the slip and fall event. The law requires that a property owner use reasonable care in the operation, maintenance or management of their premises and has a duty to avoid exposing others to an unreasonable risk of harm. Property owners also have a duty to inspect, correct, or warn of unsafe conditions that may exist on their property.
Slip and fall accident claims can be very difficult for an individual to handle on their own. Statements made to a property owner or insurance adjuster can be misconstrued and taken out of context. Determining who may be responsible for different aspects of the property’s maintenance may require an in-depth investigation. You need an attorney who will investigate these issues thoroughly.
The victim of a slip and fall must prove that the property owner knew or should have known about the hazard that caused the slip and fall accident and that he failed to remedy it. If the property owner, or any of his employees, created the dangerous condition that caused the slip and fall injury, knowledge of the hazard may be automatically imputed to them. However, if the hazard was created a third party, such as a customer, the claimant must show that there was time enough for the property owner to have discovered, remedied, or warned of the dangerous condition. Warnings must be visible and effective in order to be deemed sufficient. Regardless of liability, the property owner, however, may have insurance that covers medical bills regardless of actual fault.
As with most injury claims, you may be entitled to recover for your pain and suffering, medical expenses and the cost of future medical care, lost wages, and other out-of-pocket damages.
If you suffer a slip and fall or a trip and fall injury, it is in your best interests that you seek medical and expert legal help as soon as possible. Slip and fall cases are often challenging, difficult, and hard-fought. Our experienced attorneys will initiate an immediate investigation and site inspection to understand the dangerous condition that caused the slip and fall accident. We will attempt to secure evidence of the dangerous condition before it is lost or disappears. We will attempt to locate and track down witnesses with knowledge of the dangerous condition. We will attempt to locate evidence of prior complaints about the dangerous condition and of prior slip and fall accidents at the same location.
If you have suffered a slip and fall accident, please contact The Gould Firm today to discuss your situation and your rights. We are here to help.